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Preserve the original recording, document where it came from and who handled it, make a separate protected copy, and promptly ask the agency that may hold related footage to preserve it in writing. There is no universal number of days that police body-camera footage is kept, and a request alone does not guarantee that a recording will be retained or released.
This is practical evidence-handling guidance, not legal advice or a device-specific forensic procedure. The official sources cited here are U.S. federal materials; local law and an agency’s retention policy may differ. If footage may be overwritten, someone is under investigation, or a formal preservation or access process matters, consult a qualified local attorney.
How do I preserve video evidence after a use-of-force incident?
Start by preserving the file as it exists, then create a separate copy and keep a record of its origin and handling. NIST’s Digital Evidence Preservation: Considerations for Evidence Handlers describes documenting a digital item’s source and how it was created or transferred, along with secure storage and integrity practices.
Keep the original intact
- Do not edit, trim, crop, filter, caption, convert, or overwrite the only copy. Avoid renaming the original if doing so could alter its associated information or make it harder to identify.
- Keep the original device or account context when practical. If the recording is on a phone, camera, cloud account, or platform, avoid actions that might overwrite or alter it.
- If you need a shorter or shareable version, make it from a copy, label it as a derivative, and keep the original separately. Do not post the only copy publicly; decisions about sharing sensitive or identifying material may have legal and safety implications.
NIST’s guidance is general and is not a device-specific manual. If you are unsure how to copy or secure a recording without changing it, seek help from a qualified digital-forensics professional rather than experimenting with the only copy.
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Make and secure a separate copy
Make a separate copy promptly and restrict who can access or change it. NIST identifies multiple copies as a primary way to replace a corrupted digital file and discusses secure storage, access controls, logging, and offline-storage considerations. An external drive can be one possible backup medium, but the drive itself does not prove a file’s authenticity or establish admissibility. Document the copy, protect access, and keep it separate from the original.
If you use cloud storage, consider the account’s security and access settings, the provider’s retention and handling, and whether the copy preserves relevant metadata. A cloud backup by itself is not a complete preservation plan.
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Record the source and every transfer
Write down the details while they are fresh. Include who recorded or supplied the file; when and where it was recorded or received; the device, account, or source system if known; when and how it was copied or transferred; who made the copy; and each person or system that later had access. Keep relevant messages, upload confirmations, or transfer receipts where appropriate. A simple dated log is more useful than relying on memory later.
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What other digital records may matter?
Depending on what occurred and what exists, related records may include:
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- Body-worn and vehicle-camera recordings.
- Dispatch or radio audio and 911 recordings.
- Nearby surveillance video and photographs.
- Original phone recordings, related messages, and upload or transfer records.
- Agency access or download logs associated with recordings.
This is a checklist of possible sources, not a guarantee that each record exists or is available. NIST’s digital-evidence guidance covers digital objects and law-enforcement-generated evidence; DOJ body-camera guidance discusses recorded data and agency policies for access and review.
How do I ask an agency to preserve its recordings?
Send a prompt, dated written request to the agency or unit likely to hold the footage. Identify the event as precisely as you can: date, approximate time, location, involved units or people if known, and the kinds of records you are asking it to preserve. Ask that relevant original recordings and associated records be preserved pending review or investigation, and keep proof that the request was delivered.
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Be specific about the potential sources—for example, body-worn or vehicle-camera footage, dispatch or radio audio, 911 recordings, and relevant access or download records. Do not assume that a request itself creates a legal hold, stops deletion, or guarantees disclosure. Formal procedures, deadlines, and rights depend on local law and circumstances; a local attorney can advise on them.
How long does police body-camera footage last?
There is no single national retention period established by the cited DOJ guidance. Retention depends on the agency’s policy and applicable law, and may vary with the type of footage and circumstances. DOJ’s 2014 body-worn-camera recommendations treat retention, storage safeguards, downloading, access, review, and release as policy matters, rather than setting one duration for every recording. The COPS Office also identifies retention, access, and release policies as body-camera program design issues.
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Because the duration for a particular recording cannot be inferred from a nationwide rule, contact the agency promptly and ask it to preserve the specific records. Do not rely on a general estimate to decide how long you can wait.
What is a hash, and what does it show?
A hash is a digital checksum calculated from a file. Under NIST’s explanation, changing the file changes its hash. If two files produce the same hash, that supports the conclusion that they are identical at the byte level when hashed. It does not, by itself, establish who recorded the video, whether the footage shows the complete event, or whether it is admissible in court.
NIST recommends hashing digital images and other evidence objects with a NIST-approved hashing algorithm and keeping hash data separately in a secure location. Record what file was hashed, when, and by whom, and protect the record from unauthorized changes. A hash is one part of a preservation record, not a substitute for documenting the source, transfers, and access.
If hashes differ, do not automatically conclude that someone tampered with the evidence. NIST notes that changes can occur without changing the evidence itself and discusses backups and block hashes as possible tools for assessing integrity. A qualified forensic professional can help interpret a discrepancy in context.
What should I avoid doing?
- Do not alter or overwrite the only copy, or treat a working edit as the original.
- Do not assume ordinary storage, including a cloud account or external drive, by itself establishes authenticity or custody.
- Do not access someone else’s account, bypass security, trespass to obtain footage, or interfere with an investigation.
- Do not assume a preservation request guarantees that footage will be retained or disclosed.
For evidence on a device or account that may be altered by ordinary use, get qualified forensic guidance. For significant legal stakes, seek local counsel about preservation, access, and deadlines.
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